AC-2024-CDF-00018 - [2025] EWHC 2249 (Admin)
Administrative Court

AC-2024-CDF-00018 - [2025] EWHC 2249 (Admin)

Fecha: 05-Sep-2025

The Decision

The Decision.

53.

The Decision gave permission for the proposed change of use subject to a number of conditions. Issue is taken with the lawfulness and adequacy of the conditions and conditions 16, 17, and 20 are of note for current purposes.

16.

“Prior to the first beneficial use of the proposed development, details of the design and information of 2 x A1 sized information boards must be submitted to and approved by the LPA in consultation with NRW. The boards must include as a minimum details of:

• A summary of wildlife likely to be encountered during relevant activities

• What wildlife disturbance is and how to recognise it in species likely to be encountered during coasteering activities in Pembrokeshire

• Relevant details of the Pembrokeshire Marine code

• A summary of the Cardigan Bay Marine SAC and it’s designating features In order to ensure the boards reflect the most up to date marine code, should any change to the marine code occur, the boards must be updated within 6 months of the publication of any new version of the code.

Reason: In order to ensure the protection and education of members of the public encountering wildlife on the activities at the coast and in accord with the Environment (Wales) Act 2016 and the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2017.

17.The use of the building shall be restricted to the applicants and shall not be rented/leased or occupied by any other operators unless the prior approval is first sought from the Local Planning Authority through a further application.

Reason: In order to ensure that the occupier is acting in accord with the National Trust Concordat and to ensure protection of the Cardigan Bay SAC and bird nesting site at Ceibwr.

20.

Prior to commencement of the building’s operational use as an adventure centre, a transport and access management plan shall be submitted to and approved by the Local Planning Authority to demonstrate how the management of activities are being implemented to limit disturbance to wildlife at Ceibwr Bay with an accompanying plan showing areas to be used seasonally. This shall be re-submitted for approval on a yearly basis no later than the 1st of February each year to ensure it is kept up to date with the most recent ecological information available. Such management plan as is agreed shall be complied and details displayed on the information boards referred to Condition 16 above.

The transport and access management plan shall include:

- The areas being used at different times of the year, for which activity, and shall also be shown on an accompanying plan,

- The maximum number of people per day being transported to Ceibwr by minibus, private car and electric bikes

- The number and type of activities taking place at Ceibwr – to include snorkelling, paddleboarding, kayaking and co-steering.

Reason: To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2017 and the Environment (Wales) Act 2016 and Policy 11 of the Pembrokeshire Coast National Park Local Development Plan.”

Ground 1: Breach of the Requirements of Fairness and of the Right to Know Provisions.

54.

This ground relates to three groups of documents (being a total of four documents) which the Claimant contends were background papers for the purposes of section 100D of the Local Government Act. It says that the Defendant’s failure to publish the documents was a breach of the Defendant’s duty under that section and also of the requirement of fairness.